Compliance Stuff

The federal government just rolled out a sweeping new social media vetting requirement that will reshape the visa process for H-1B workers and their families. Beginning December 15, all H-1B applicants – along with their H-4 spouses and children – must make their social media profiles public so consular officers can review their online activity and work history as part of expanded security screening . The State Department’s December 3 announcement is the latest in a growing series of pressures on the H-1B system, which already includes heightened investigations, new fee requirements, and intensified employer scrutiny. Here are the top 10 things your business needs to know – and what you should do in response. 1. Social media disclosure will now be mandatory for all H-1B and H-4 applicants Applicants (and their spouses and children) must allow consular officers to view publicly accessible posts, photos, comments, connections, and biographies across declared platforms. 2. Profiles must b...

The U.S. Department of State has unexpectedly updated Consular websites with revised eligibility requirements for Visa Interview Waiver (“dropbox”) appointments. Effective immediately, dropbox eligibility is limited to applicants renewing a visa in the same nonimmigrant classification that expired within the past 12 months. While no official government announcement has been made, Visa Application Centers (VACs) are reportedly turning away applicants who do not meet the updated eligibility requirements. What Has Changed? Previously, applicants were eligible for dropbox processing if they held an approved nonimmigrant visa in any category that had expired within the past 48 months. For example, F-1 students who had obtained an H-1B change of status in the United States could utilize the dropbox process – appearing only to submit biometrics and drop off documents for consular processing. The expanded 48-month eligibility window was introduced during the COVID-19 pandemic to help reduce ...

  The Biden Administration is being urged to finalize some business immigration issues before Jan. 20, 2025 , when the next presidential administration takes office, including: Surge resources:  Democratic lawmakers  asked USCIS to “surge” resources  to eliminate the backlog of employment authorization applications (for new arrivals and other non-citizens) using the $34 million that had been set aside for discharging backlogs with new technologies, staffing increases, and greater use of worker overtime . H-1B modernization:  Business immigration advocates  are asking USCIS  to finalize more parts of the  Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Rule . Proposed in 2023, the  rule would specifically codify  some pro-business guidance, including: Expand cap-gap for foreign students; Expand the definitions of “nonprofit research organization” and “g...